YH 


CIRCULAR  No.  289 

GENERAL  LAND  OFFICE 


REGULATIONS 


UNDER 


TIMBER  AND  STONE  LAW 

(Act  of  June  3,  1878,  and  Acts  Amendatory) 


(APPROVED  NOVEMBER  80.  1908) 


REVISED  AND  APPROVED  JANUARY  2,  1914 
Reprinted  March  1,  1916,  with  amendmenta 


/rRSITY  OF  CALIFORNIA 
' LC3  ANGELES 


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LIBRARV 
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WASHINGTON 

GOVERNMENT   PRINTING  OFFICE 

1916 


SRLF 
YRL 

CC/l(02XlO& 


KIiGliLATIONS  UNDER  TIMBER  AND  STONE  EAW. 


Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C,  November  30,  1908. 

Registers  and  Receivers, 

United  States  Land  Offices. 
Sirs:  The  regulations  under  the  act  of  June  3,  1878  (20  Stat.,  89), 
and  amendatory  acts,  commonly  known  as  the  timber  and  stone  law, 
are  hereby  revised,  modified,  and  reissued  as  follows: 

PROVISION  FOR  APPRAISEMENT. 

Any  land  subject  to  sale  under  the  foregoing  acts  may,  under  the 
direction  of  the  Commissioner  of  the  General  Land  Office,  upon  appli- 
cation or  otherwise,  be  appraised  by  smallest  legal  subdivisions,  at 
their  reasonable  value,  but  at  not  less  than  S2.50  per  acre;  and  here- 
after no  sales  shall  be  made  under  said  acts  except  as  provided  in 
these  regulations. 

CHARACTER  OF  LANDS  SUBJECT  TO  ENTRY. 

All  unreserved,  unappropriated,  nonmineral,  siu'veyed  public  lands 
within  the  public-land  States,  which  are  valuable  chiefly  for  the 
timber  or  stone  thereon  and  unfit  for  cultivation  at  the  date  of  sale, 
may  be  sold  under  this  act  at  their  appraised  value,  but  in  no  case  at 
less  than  $2.50  per  acre,  in  contiguous  legal  subdivisions  upon  which 
there  is  no  existing  mining  claun  or  the  improvements  of  any  bona 
fide  settler  clauning  under  the  public-land  laws.  The  terms  used  in 
this  statement  may  be  defined  substantially  as  follows  for  the  purpose 
of  construing  and  applying  this  law: 

2.  Unreserved  and  unapprojirmted  lat^ds  are  lands  which  are  not 
included  within  any  military,  Indian,  or  other  reservation,  or  in  a 
national  forest,  or  in  a  withdrawal  by  the  Government  for  reclama- 
tion or  other  purposes,  or  which  are  not  coveretl  or  embraced  in  any 
entry,  location,  selection,  or  filing  which  withdraws  them  from  the 
public  domain. 

3.  Unoccupied  lands  are  lands  belonging  to  the  United  States  upon 
which  there  are  no  improvements  belonging  to  any  person  who  has 
initiated  and  is  properly  maintaining  a  valid  mining  or  other  claim 

3 


4  REGULATIONS   UNDER    TIMBER  AND   STONE    LAW. 

to  such  lands  under  the  public-land  laws.  Abandoned  and  unused 
mines,  shafts,  tunnels,  or  buildings  occupied  by  mere  trespassers 
not  seeking  title  under  an}^  law  of  the  United  States,  do  not  prevent 
timber  and  stone  entries  if  the  land  is  otherwise  capable  of  being  so 
entered. 

4.  Nonmineral  lands  are  such  lands  as  are  not  known  to  contain 
any  substance  recognized  and  classed  by  standard  authorities  as 
mmeral,  in  such  quantities  and  of  such  qualities  as  would,  with  reason- 
able prospects  of  success  in  developing  a  paying  mine  thereon,  induce 
a  person  of  ordmary  prudence  to  expend  the  time  and  money  neces- 
sary to  such  development. 

5.  Timber  is  defined  as  trees  of  such  kind  and  quantity,  regardless 
of  size,  as  may  be  used  in  constructing  buildings,  irrigation  works, 
raiboads,  telegraph  and  telephone  lines,  tramways,  canals,  or  fences, 
or  in  timbering  shafts  and  tunnels  or  in  manufacturing,  but  does  not 
include  trees  suitable  for  fuel  only. 

6.  Lands  valuable  chiefly  for  timber,  but  unfit  for  cultivation,  are 
lands  which  are  more  valuable  for  timber  than  they  are  for  cultiva- 
tion in  the  condition  in  which  they  exist  at  the  date  of  the  application 
to  purchase,  and  therefore  include  lands  which  could  be  made  more 
valuable  for  cultivation  by  cutting  and  clearing  them  of  timber. 
The  relative  values  for  timber  or  cultivation  must  be  determined 
from  conditions  of  the  land  existing  at  the  date  of  the  application  to 
purchase. 

7.  Lands  may  be  entered  under  the  timber  and  stone  acts,  except 
as  denied  by  special  laws,  in  all  of  the  public-land  States;  but  such 
entries  may  not  be  made  in  Alaska. 

BY  WHOM  ENTRIES  MAY  BE  MADE. 

8.  One  timber  and  stone  entry  may  be  made  for  not  more  than  160 
acres  (a)  by  any  person  who  is  a  citizen  of  the  United  States,  or  who 
has  declared  his  intention  to  become  such  citizen,  if  he  is  not  under 
21  years  of  age,  and  has  not  already  exliausted  his  right  by  reason  of 
a  former  application  for  an  entry  of  that  kind,  or  has  not  already 
acquired  title  to  or  is  not  claimmg  under  the  homestead  or  desert- 
land  laws  through  settlement  or  entry  made  since  August  30,  1890, 
any  other  lands  which,  with  the  land  he  applies  for,  would  aggregate 
more  than  320  acres;  or  (b)  by  an  association  of  such  persons;  or  (c) 
by  a  corporation,  each  of  whose  stockholders  is  so  qualified. 

9.  A  married  woman  may  make  entry  if  the  laws  of  the  State  in 
which  she  applies  permit  married  women  to  purchase  and  hold  for 
themselves  real  estate,  but  she  must  make  the  entry  for  her  own  ben- 
efit, and  not  in  the  interest  of  her  husband  or  any  other  person. 


REGULATIONS   UNDER   TIMBER  AND   STONE    LAW.  5 

METHOD    OF  OBTAINING   TITLE. 

10.  Any  qualified  person  may  obtain  title  uiidcr  the  timber  and 
stone  law  by  performing  the  following  acts:  (a)  Personally  examining 
the  land  desired;  (b)  presenting  an  application  and  sworn  statement, 
accompanied  by  a  filing  fee  of  $10;  (c)  depositing  with  the  receiver 
the  appraised  price  of  the  land ;  (d)  publishing  notice  of  his  application 
and  proof;   (e)   making  final  proof. 

11.  Examination  of  the  land  must  be  made  by  the  applicant  in 
person  not  more  than  30  days  before  the  date  of  his  application,  in 
order  that  he  may  knowingly  swear  to  its  character  and  condition. 

APPLICATION   AND    SWORN    STATEMENT:   DEPOSIT. 

12.  The  application  and  sworn  statement  tnust  contain  the  applicant's 
estimate  of  the  timber,  based  on  examination,  and  his  valuation  of 
the  land  and  the  timber  thereon,  by  separate  items.  (See  Form  A, 
Appendix.)  It  must  be  executed  in  duplicate,  after  having  been  read 
to  or  by  the  applicant,  in  the  presence  of  the  officer  administermg  the 
oath,  and  sworn  to  by  liim  before  such  officer,  who  may  be  either  the 
register  or  the  receiver  of  the  land  district  in  which  the  land  is  located, 
a  United  States  commissioner,  a  judge  or  a  clerk  of  a  court  of  record 
m  the  county  or  parish  in  which  the  land  is  situated,  or  one  of  these 
officers  outside  of  that  comity  or  parish,  if  he  is  nearer  and  more  acces- 
sible to  the  land  than  any  other  qualified  officer  and  has  his  office  or 
place  of  business  witliin  the  land  district  in  which  the  land  is  located. 
Each  applicant  must,  at  the  time  he  presents  liis  application  and 
sworn  statement,  deposit  with  the  receiver  a  fdmg  fee  of  $10. 

13.  Applications  by  associations  or  corporations  must,  in  addition  to 
the  facts  recited  in  the  foregoing  statement,  show  that  each  person 
forming  the  association  or  holding  stock  in  the  corporation  is  qualified 
to  make  entry  in  liis  own  right  and  that  he  is  not  a  member  of  any 
other  association  or  a  stockholder  in  any  other  corporation  which  has 
filed  an  application  or  sworn  statement  for  otiior  lands  under  the 
timber  and  stone  laws. 

DISPOSITION   OF    APPLICATION. 

14.  After  application  and  deposit  Jmve  been  fled  in  pro])or  form,  as 
required  by  these  regulations,  the  register  and  receiver  \nll  at  once 
forward  one  copy  of  the  application  to  the  chief  of  field  division 
having  jurisdiction  of  the  land  described,  who,  if  he  fmds  legal 
objection  to  the  allowance  of  the  application,  will  return  it  to  them 
\\Titli  report  thereon.  The  register  and  receiver  ^^■ill,  if  they  concur  in 
an  adverse  recommendation  of  the  chief  of  field  division,  dismiss  or 
deii}^  the  application,  subject  to  the  apjilicant's  right  of  appeal;  but 
if  the,y   disagree   with  his    recommendation    they   will  forward   the 


6  REGULATIONS  UNDER   TIMBER  AND  STONE   LAW. 

record  to  the  Commissioner  of  the  General  Land  Office,  with  their 
report  and  opinion  thereon,  for  such  action  as  he  may  deem  aavisable. 
If  the  chief  of  field  division  finds  no  such  legal  objection  to  the 
application,  he  shall  cause  the  lands  applied  for  to  be  appraised  by 
an  officer  or  employee  of  the  Government.  (Designation  of  Ap- 
praiser, Form  B,  Appendix.) 

APPRAISEMENT:   METHOD. 

15.  The  officer  or  employee  designated  to  make  the  appraisement 
must  personally  visit  the  lands  to  be  appraised  and  thoroughly  exam- 
ine every  legal  subdivision  thereof,  and  the  timber  thereon,  and 
appraise  separately  the  several  kinds  of  timber  at  their  stumpage 
value,  and  the  land  independent  of  the  timber  at  its  value  at  the 
time  of  appraisement,  but  the  total  appraisement  of  both  land  and 
timber  must  not  be  less  than  $2.50  per  acre.  He  must,  in  making  his 
report,  consider  the  quantity,  quality,  accessibility,  and  any  other 
elements  of  the  value  of  the  land  and  the  timber  thereon.  The 
appraisement  must  be  made  by  smallest  legal  subdivisions,  or  the 
report  must  show  that  the  valuation  of  the  land  and  the  estimate  of 
the  timber  apply  to  each  and  every  subdivision  appraised,  (See 
Form  C,  Appendix.) 

APPRAISEMENT:   MANNER   OF   RETURN:   APPROVAL. 

16.  The  completed  appraisement  must  be  mailed  or  delivered  per- 
sonally to  the  chief  of  field  division  under  whose  supervision  it  was 
made,  and  not  to  the  applicant.  Each  appraisement  upon  which  an 
entry  is  to  be  allowed  must  be  approved,  respectively  or  conjointly, 
as  provided  in  these  regulations,  by  the  chief  of  field  division  under 
whose  supervision  it  was  made,  by  the  register  and  receiver  who 
allow  the  entry,  or  by  the  Commissioner  of  the  General  Land  Office. 

APPRAISEMENT:    DISAGREEMENT    BETWEEN    APPRAISING    AND 
APPROVING   OFFICERS:  HOW   DETERMINED. 

17.  The  chief  of  field  division  will  return  to  the  appraiser,  with  his 
objections,  an  appraisement  which  he  deems  materially  low  or  high, 
and  the  appraiser  shall  within  20  days  from  the  receipt  thereof, 
resubmit  the  papers,  with  such  modifications  or  explanations  as  he 
may  deem  advisable  or  proper,  upon  receipt  of  which  the  chief  of 
field  division  wiU  either  approve  the  schedule  as  then  submitted,  or 
forward  the  papers  to  the  register  and  receiver,  wdth  liis  memorandum 
of  objection.  The  register  and  receiver  will  thereupon  consider  the 
case.  If  they  approve  the  appraisement,  they  wall  sign  the  certificate 
appended  thereto,  and  advise  the  chief  of  field  division  thereof.  If 
the  register  and  r'^ceiver  approve  the  objection  of  the  chief  of  field 


REGULATIONS    UNDER    TIMBER    AND    STONE    LAW.  7 

division,  they  will  so  indicate,  and  if  the  appraising  ofRcer  is  ar. 
employee  of  the  Interior  Department,  under  the  supervision  of  the 
chief  of  field  division,  they  t\'ill  return  the  papers  t<j  the  chief  of  field 
division,  who  will  thereupon  order  a  new  appraisement  by  a  different 
officer.  If,  however,  the  register  and  receiver  approve  the  objection 
of  the  chief  of  field  division,  when  the  appraiser  is  an  officer  of  another 
bureau  of  this  department,  or  of  another  department,  they  will  for- 
ward the  record  of  the  case  to  the  Commissioner  of  the  General  Land 
Odice,  who  will  then  determine  the  controversy. 

APPRAISEMENT:  NOTATION  AND  EFFECT  THEREOF. 

18.  When  the  a'pyraisement  is  comjyleted,  the  register  and  receiver 
will  note  the  price  on  their  records,  and  thereafter  the  land  will  be 
sold  at  such  price  only,  under  the  provisions  of  the  timber  and  stone 
acts,  unless  the  land  shall  have  been  reappraised  in  the  manner  pro- 
vided herein. 

FAILURE  TO  APPRAISE:  RIGHTS  OF  APPLICANT:  HOW 

TERMINATED. 

19.  <^  Unless  the  land  department,  as  hereinbefore  provided,  or 
otherwise,  as  directed  by  the  Secretary  of  the  Interior,  shall  appraise 
any  land  applied  for  under  these  regulations  within  nine  months  from 
the  date  of  filing  of  such  application,  the  applicant  may,  at  any  time 
thereafter  not  later  than  30  days  from  service  of  notice  of  such  failme 
to  appraise,  deposit  the  amount,  not  less  than  $2,50  per  acre,  speci- 
fied in  his  application  as  the  reasonable  value  of  the  land  and  the 
timber  thereon,  with  the  receiver,  provided  no  appraisement  shall 
have  been  filed  prior  to  such  deposit,  and  thereupon  will  be  allowed 
to  proceed  with  his  application  to  purchase  as  though  the  appraise- 
ment had  been  regularly  made.  Where  appraisement  is  not  made 
within  nine  months,  as  herein  provided,  the  register  and  receiver  will 
promptly  so  notify  the  applicant  by  registered  mail  and  of  his  rights 
hereunder.  The  failure  of  the  applicant  to  make  the  required  deposit 
within  the  time  allowed  will  terminate  his  rights  without  further  notice. 

NOTICE  OF  APPRAISEMENT:  PAYMENT  OR  PROTEST. 

20.  If  the  appraisement  shows  the  land,  or  any  subdivision  thereof, 
to  be  subject  to  entry,  the  register  and  receiver  will  note  its  appraised 
price  on  their  records,  and  will  immediately  inform  the  applicant 
that  he  must,  within  30  days  from  service  of  notice,  deposit  with  the 
receiver,  either  in  lawful  money,  in  post-office  money  orders  payable 
to  the  receiver,  in  cert  ified  checks  drawn  in  favor  of  the  receiver 
which  can  be  cashed  without  cost  to  the  Government,  or  as  provided 
in  paragraph  36  hereof,  the  appraised  price  of  the  land,  or  of  said  part, 
and  the  timber  thereon,  or  within  said  time  file  his  protest  against 
the  appraisement,  depositing  with  the  receiver  a  sum  sufficient  to 

a  Amended  Feb.  19, 1916. 


8  REGULATIONS    UNDER    TIMBER    AND    STONE    LAW. 

defray  the  expenses  of  a  reappraisement  (which  sum,  not  less  than  $100, 
must  be  fixed  by  the  register  and  receiver  and  specified  in  the  notice 
to  the  apphcant),  together  with  his  apphcation  for  reappraisement  at 
his  own  expense.     (See  Form  D,  Appendix.) 

*  If  the  register  and  receiver  reject  the  apphcation  as  to  part  or 
all  of  the  land,  upon  the  ground  that  the  appraisement  shows  it  not 
to  be  subject  to  timber  and  stone  entry,  applicant  may  within  30 
days  submit  a  showing  by  affidavit,  corroborated  by  at  least  two  wit- 
nesses having  actual  knowledge  of  the  character  of  the  land,  setting 
forth  facts  which  tend  to  disprove  the  appraisement  and  that  it  is 
chiefly  valuable  for  the  timber  and  stone  thereon,  and  if  a  prima  facie 
showing  is  made,  thereupon  a  hearing  shall  be  ordered  to  determine 
the  facts,  after  a  date  has  been  fixed  for  the  same  by  agreement 
between  the  chief  of  field  division  and  the  register  and  receiver. 

Notice  must  be  given  by  registered  letter  and  the  envelope  should 
be  marked  for  return  if  not  delivered  within  30  days.  If  notice  be 
returned  after  being  held  in  the  post  office  for  30  days,  such  proceed- 
ings will  constitute  constructive  notice  for  30  days. 

After  30  days'  notice  has  been  had,  if  no  deposit  of  the  price  has 
been  made,  or  protest  against  the  aj^praisement  has  been  fUed  as  to 
lands  found  subject  to  entry,  and  no  application  for  hearing  or  appeal 
has  been  filed  as  to  lands  found  not  subject  to  entry,  the  register  and 
receiver  shall  close  the  case  on  their  records,  all  rights  under  the 
application  being  terminated  without  notice. 

OBJECTION    TO    APPRAISEMENT:    APPLICATION   FOR 
REAPPRAISEMENT. 

21.  Any  apj^licant  filing  his  protest  against  an  appraisement,  and 
his  application  for  reappraisement,  must  support  it  by  his  affidavit, 
corroborated  by  two  competent,  credible,  and  disinterested  persons, 
in  which  he  must  set  forth  specifically  his  objections  to  the  appraise- 
ment. He  must  indicate  his  consent  that  the  amount  deposited  by 
him  for  the  reappraisement,  or  such  part  thereof  as  is  necessary,  may 
be  expended  therefor,  without  any  claim  on  his  part  for  a  refund  or 
return  of  the  money  thus  expended. 

REAPPRAISEMENT. 

22.  Vyon  the  receipt  of  a  protest  against  appraisement  and  application 
for  reappraisement  conforming  to  the  regulations  herein,  the  register 
and  receiver  will  transmit  such  protest  and  apphcation  to  the  chief  of 

*  field  division,  who  will  cause  the  reappraisement  to  be  made  by  some 
officer  other  than  the  one  making  the  original  appraisement.  The  pro- 
cedure provided  herein  for  appraisement  will  be  followed  for  reappraise- 
ment, except  the  latter,  if  differing  from  the  former,  must,  to  give  it 
effect,  be  approved  both  by  the  chief  of  field  division  and  the  register 
and  receiver,  or,  in  case  of  disagreement  between  them,  by  the  Com- 
missioner of  the  General  Land  Office.     (Form  E,  Appendix.) 

a  Amended  Dec.  20, 1915. 


BEGULATIONS   UNDER   UMBER   AND   STONE    LAW.  9 

NOTICE  OF  APPRAISEMENT. 

23.  When  a  rcappraiscmcnt  is  liiuilly  effected,  th<'  rof^istcr  and 
receiver  will  note  the  reappraised  price  on  tli<nr  records,  and  at  once 
notify  the  appUcant  that  h<'  must,  within  30  days  from  the  date  of 
notice,  de])osit  with  the  rec<'iver  the  amount  fixed  by  suchrcap- 
])raisoment  for  the  sale  of  the  land,  or  thereafter,  and  without  notice, 
forfeit  all  rights  under  his  application.     (Form  F,  Appendix.) 

COST  OF  MAKING  REAPPRAISEMENT. 

24.  The  oilicer  or  em])loyee  of  the  United  States  making  the 
rcap])raiscment  shall  be  })ai(l  from  the  amount  dej)osited  wdth  the 
receiver  by  the  a])])hcant  therefor,  the  salary,  per  diem,  and  other 
expenses  to  which  he  would  have  been  entitled  from  the  Govern- 
ment, in  the  case  of  an  original  appraisem<>nt,  for  liis  serivces  for  the 
tune  he  was  engaged  in  making  and  returning  the  reappraisement. 
The  receiver  will,  out  of  the  money  deposited  by  the  appHcant,  pay 
such  compensation  including  reasonable  ex]>enses  for  subsistence, 
transportation,  and  necessary  assistants;  and  the  officer  will  deduct 
from  his  expense  account  with  the  Government  the  amount  which 
lie  has  received  from  the  receiver  for  such  services.  The  receiver 
will  return  to  the  applicant  the  amount,  if  any,  remaining  on  deposit 
with  hun  after  paymg  the  expenses  of  said  reappraisement. 

FINAL  PROOF. 

25.  After  the  appraisement  or  reapi)raisement  and  deposit  of 
purchase  money  and  fee  have  been  made  the  register  vdll  fix  a  time 
and  i)lace  for  the  offering  of  final  proof,  and  namc^  the  officer  before 
whom  it  shall  be  offered  and  ])ost  a  notice  thereof  in  the  land  oflice 
and  deliver  a  copy  of  the  notice  to  the  applicant,  to  be  by  him  and  at 
his  expense  pubUshed  in  the  newspaper  of  accredited  standing  and 
general  cu-culation  publislunl  nearest  the  land  applied  for.  This 
notice  must  be  continuously  published  in  th(>  ]>aper  for  60  daj's 
])rior  to  the  date  named  th<>rein  as  the  day  ui)on  which  final  proof 
must  be  offered.      (Form  G,  Appendix.) 

TIME,  PLACE,  AND  METHOD  OF  MAKING  FINAL  PROOF. 

26.  Final  proof  should  be  made  at  thv  time  and  place  mentioned  in 
the  notice,  and,  as  a  part  thereof,  evidence  of  })ublieatiou,  as  required 
by  the  ])revious  paragraph,  should  also  be  filed.  If  final  proof  is  not 
made  on  that  day  or  within  10  days  thereafter,  the  ap})licant  may 
lose  his  right  to  complete  <>ntry  of  the  land.  Upon  satisfactory  show- 
ing, however,  explaining  the  cause  of  his  failm-e  to  make  the  proof  as 
above  rc^quired,  and  in  the  absence  of  advei-se  claim,  the  Commis- 
sioner of  the  General  Land  Oilice  may  authorize  him  to  readvertise 

31692^—16^—2 


10  REGULATIOXS   U2fDEB   TIMBER  AND   STONE    LAW. 

and  complete  entry  under  his  previous  application,     (See  Form  H, 
Appendix.) 

FINAL  ENTRY. 

27.  Aftor  an  appraisement  or  reappraisement  has  been  approved, 
the  payments  made,  and  satisfactory  proof  submitted  in  any  case  as 
required  by  these  regulations,  the  register  and  receiver  will,  if  no 
protest  or  contest  is  pending,  allow  a  final  entry. 

GENERAL  PROVISIONS. 
CONTESTS    AND    PROTESTS. 

28.  Protest  may  be  filed  at  any  time  before  an  entry  is  allowed, 
and  contest  may  be  filed  at  any  time  before  patent  issues,  by  any  per- 
son who  will  furnish  the  register  and  receiver  with  a  corroborated 
affidavit  alleging  facts  sufficient  to  cause  the  cancellation  of  the  entry, 
and  will  pay  the  cost  of  contest. 

FALSE    SWEARING FORFEITURE. 

29.  If  an  applicant  swear  falsely  in  his  application  or  sworn  state- 
ment, he  will  be  liable  to  indictment  and  punishment  for  perjury; 
and  if  he  be  guilty  of  false  swearing  or  attempted  fraud  in  connection 
with  his  efforts  to  obtain  title,  his  application  and  entry  will  be  dis- 
allowed and  all  moneys  paid  by  him  will  be  forfeited  to  the  Govern- 
ment, and  his  rights  under  the  timber  and  stone  acts  will  be  ex- 
hausted. 

EFFECT    OF    APPLICATION    TO    PURCHASE. 

30.  After  an  application  has  leen  presented  hereunder  no  other 
person  will  be  permitted  to  file  on  the  land  embraced  therein  under 
an}^  public-land  law  until  such  application  shall  have  been  finally 
disposed  of  adverse  to  the  applicant. 

31.  Lands  appraised  or  reappraised  hereunder,  but  not  sold,  may, 
upon  the  final  disallowance  of  the  application,  be  enterea  by  any 
qualified  person,  under  the  provisions  of  the  timber  and  stone  laws, 
at  its  appraised  or  reappraised  value,  if  subject  thereto. 

32.  Lands  applied  for  hut  not  appraised  and  noc  entered  under 
these  regulations -may,  when  the  rights  of  the  applicant  are  finally 
terminated,  be  disposed  of  as  though  such  application  had  not  been 
filed. 

33.  Any  lands  which  have  not  heen  reappraised  may  be  reappraised 
upon  the  request  of  an  applicant  therefor  under  these  regulations 
who  complies  with  the  requirements  of  section  21  hereof. 

34.  An  applicant  securing  a  reappraisement  under  these  regula- 
tions shall  acquire  thereby  no  right  or  privilege  except  that  of  pur- 


BEGULATIONS   UNDER  TIMBER  AND   STONE   LAW.  H 

chasiiit;  the  lands  at  tlu-ir  reappraised  value,  if  he  is  qualified,  and 
if  the  huids  ari"  subject  to  sale  under  liis  application;  and  he  must 
otherwise  comply  with  these  regulations,  but  shall  not,  in  any  event, 
be  ent  itled  to  the  return  of  any  money  deposited  by  him  and  expended 
in  such  I'eappraisement. 

35.  Tlie  Corrtmissioner  of  the  General  Land  Office  may  at  any  time 
direct  the  reappraisemcnt  of  any  tract  or  tracts  of  public  lands, 
when,  in  his  opinion,  the  conditions  warrant  such  action. 

36.  Unsatisfied  military  bounty  land  warrants  under  any  act  of 
Congress  and  unsatisfied  indemnity  certificates  of  location  under 
the  act  of  Congress  approved  June  2,  1858,  properly  assigned  to  the 
applicant,  shall  be  receivable  as  cash  in  payment  or  part  payment 
for  lands  purchased  hereunder  at  the  rate  of  $1.25  per  acre. 

37.  These  regulations  shall  be  effective  on  and  after  December  1, 
1908,  but  all  applications  to  purchase  legally  pending  on  November  30, 
1908,  may  be  completed  by  compliance  with  the  regulations  in  force 
at  the  time  such  applications  were  filed. 

38.  The  forms  mentioned  hereui  and  included  in  the  appendix 
hereto  shall  be  a  part  of  these  regulations. 

ENTRY    OF    STONE    LANDS. 

39.  The  foregoing  regulations  apply  to  entries  of  lands  chiefly 
valuable  for  stone,  and  the  forms  herein  prescribed  can  be  modified 
in  such  maimer  as  may  be  necessary  to  the  making  of  entries  of  stone 
lands. 

FORMER    REGin.ATIONS    REVOKED. 

40.  ^Vll  former  regulations,  decisions,  and  practices  in  conflict  with 
these  legulations  are  hereby  revoked. 

Revised  January  2,  1914. 

Very  respectfully,  Clay  Tallmax,  Commissioner, 

Revision  a])j)roved  January  2,  1914: 
Andrieus  a.  Jones, 

First  Assistant  Secretary. 


APPENDIX. 

Acts  relating  to  Timber  and  Stone  Entries. 

AN  ACT  For  the  sale  of  timber  lands  in  the  States  of  California,  Oregon,  Nevada,  and 

in  Washington  Territory. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  surveyed  piil)lic  lands  of 
tlie  United  States  within  the  States  of  Cahfornia,  Oregon,  and  Nevada, 
and  m  Washington  Territory,  not  inchided  within  military,  Indian, 
or  other  reservations  of  the  United  States,  valuable  chiefly  for  timber, 
but  unfit  for  cultivation,  and  which  have  not  been  offered  at  pubHc 
sale,  according  to  law,  may  be  sold  to  citizens  of  the  United  States,  or 
persons  who  have  declared  their  intention  to  become  such,  in  cpian- 
tities  not  exceedmg  one  hundred  and  sixty  acres  to  any  one  person  or 
association  of  persons,  at  the  muiinium  price  of  two  dollars  and  fifty 
cents  per  acre;  and  lands  valuable  chiefly  for  stone  may  be  sold  on 
the  same  terms  as  thnber  lands:  Provided,  That  nothing  herein  con- 
tained shall  defeat  or  impair  any  bona  fide  claim  under  any  law  of  the 
United  States,  or  authorize  the  sale  of  any  minhig  claim,  or  the 
improvements  of  any  bona  fide  settler,  or  lands  contammg  gold,  silver, 
cmnabar,  co])per,  or  coal,  or  lands  selected  by  the  said  States  under  any 
law  of  the  United  States  donatmg  lands  for  internal  improvements, 
education,  or  other  purposes:  And  provided  further,  That  none  of  the 
rights  confeiTed  by  the  act  approved  July  twentj'-sLxth,  eighteen 
hundred  and  sixty-six,  entitled  "iVn  act  grantmg  the  right  of  way  to 
ditch  and  canal  owners  over  the  public  lands,  ancl  for  other  purposes," 
shall  be  abrogated  by  this  act;  and  all  patents  granted  shall  be  sub- 
ject to  any  vested  and  accrued  water  rights,  or  rights  to  ditches  and 
reservoirs  used  in  connection  with  such  water  rights,  as  may  have 
been  acquired  under  and  by  the  provisions  of  said  act ;  and  such  rights 
shall  be  expressly  reserved  in  any  patent  issued  under  this  act. 

Sec.  2.  That  any  person  deskmg  to  avail  himself  of  the  provisions 
of  this  act  shall  file  with  the  register  of  the  proper  district  a  written 
statement  in  duT)licate,  one  of  which  is  to  be  transmitted  to  the 
General  Land  Oflice,  designating  by  legal  subdivisions  the  particular 
tract  of  land  he  deskes  to  purchase,  settmg  forth  that  the  same  is 
unfit  for  cultivation,  and  valuable  chiefly  for  its  timber  or  stone;  that 
it  is  uninhabited;  contains  no  mmhig  or  other  improvements,  except 
for  ditch  or  canal  pur|)oses,  where  any  such  do  exist,  save  such  as 
were  made  by  or  belonged  to  the  apphcant,  nor,  as  deponent  verily 
beheves,  any  valuable  deposit  of  gold,  silver,  cmnabar,  copper,  or 
coal;  that  cleponent  has  made  no  other  application  under  this  act; 
that  he  does  not  apply  to  purchase  the  same  on  speculation,  but  in 
good  faith  to  appropriate  it  to  his  own  exclusive  use  and  benefit,  and 
that  he  has  not,  directly  or  mdu-ectly,  made  any  agreement  or  con- 
tract, in  any  way  or  manner,  with  any  person  or  persons  whatsoever, 
by  which  the  title  which  he  might  acquire  from  the  Government  of  the 
United  States  should  inure,  in  whole  or  in  part,  to  the  benefit  of  any 
person  except  himself;  which  statement  must  be  verified  by  the  oath 
of  the  apphcant  before  the  register  or  the  receiver  of  the  land  office 

12 


REGULATIONS    UNDER   TIMBER  AND   STONE    LAW.  13 

within  the  district  wlicrc  the  hmd  Is  situated;  and  if  any  person 
takiiii;  siK-li  oath  sliall  swear  falsely  in  the  ])reniLses,  ho  shall  be  sub- 
ject to  all  the  paius  and  })eualties  of  perjury,  and  shall  forfeit  the 
money  which  he  may  have  ])aid  for  said  lands,  and  all  n<j:ht  and  title 
to  the  same;  and  any  ojant  or  conveyance  wliich  ho  may  have  made, 
exce])t  hi  the  hands  of  bona  fide  purchasers,  shall  be  null  and  void. 

Sec.  3.  That  upon  the  fihn^  of  said  statement,  as  ])rovidud  hi  the 
second  section  of  this  act,  the  register  of  the  hmd  office  shall  post  a 
notice  of  such  ap])lication,  embracino;  a  description  of  the  land  bv 
lep:al  subdivLsions,  hi  his  office,  for  a  period  of  sixty  days,  and  shall 
furnish  the  apphcant  a  co])y  of  the  same  for  pubhcation,  at  the 
expense  of  such  a})})hcant,  in  a  news])aper  ])ubhshed  nearest  the  loca- 
tion of  the  premises,  for  a  hke  period  of  tune;  and  after  tlie  exph-ation 
of  said  sixty  days,  if  no  adverse  clahii  shall  have  been  filed,  the  person 
desirui*;  to  jiurchase  shall  furnkh  to  the  register  of  the  land  office 
satisfactory  evitlence,  first,  that  said  notice  of  the  api)lication  pre- 
pared by  the  register  as  aforesaid  was  duly  pubhshed  iu  a  newsi)aper 
as  herein  required;  secondly,  that  the  land  is  of  the  character  con- 
templated hi  thl^  act,  unoccupied  and  without  unprovements,  other 
than  those  excepted,  either  mmhig  or  agricultural,  and  that  it 
ap])ar(Mitly  contams  no  valuable  deposits  of  gold,  silver,  chinabar, 
co])per,  or  coal ;  and  u])oii  ])ayment  to  the  proper  officer  of  the  jnirchase 
money  of  said  land,  together  with  the  tees  of  the  register  and  the 
receiver,  as  provided  for  in  case  of  mhihig  clahns  hi  the  twelfth  section 
of  the  act  a])proved  May  tenth,  eighteen  huncbed  and  seventy-two, 
the  applicant  may  be  permitted  to  enter  said  tract,  and,  on  the  trans- 
mission to  the  General  Land  Office  of  the  papers  and  testmiony  m  the 
case,  a  patent  shall  issue  thereon;  Provided,  That  any  person  having 
a  valid  claim  to  any  portion  of  the  land  may  object,  in  WTituig,  totlie 
issuance  of  a  patent  to  lands  so  held  by  hun,  stating  the  nature  of  his 
clahn  thereto;  and  evidence  shall  be  taken  and  the  merits  of  said 
objection  shall  be  determined  by  the  officers  of  the  land  office,  subject 
to  a])])eal,  as  hi  other  land  cases.  Effect  shaU  be  given  to  the  fore- 
going provisions  of  this  act  l)y  regulations  to  be  prescribed  by  the 
Commissioner  of  the  General  Land  Office. 

******* 

Sec.  6.  That  all  acts  and  parts  of  acts  inconsistent  ^\^th  the  pro- 
visions of  this  act  are  hereby  re])ealed. 
Approved,  June  3,  1878.     (20  Stat.,  89.) 


AN  ACT  To  authorize  the  entry  of  lands  chiofly  vahiable  for  building  stone  under  the 

placer  mining  laws. 

Be  it  enacted  hy  the  Senate  and  House  of  Hepresentatives  of  the  United 
States  of  America  in  Congress  assenibltd,  That  any  person  authorised 
to  enter  lands  under  the  minhig  laws  of  the  Uniteil  States  may  enter 
lands  that  are  chieily  valuable  for  building  stone  under  the  provisions 
of  the  law  hi  relation  to  j^huer  mineral  clahns:  Provided,  That  lands 
reserved  for  the  benefit  of  the  pubhc  schools  or  donated  to  any  State 
shall  not  be  subject  to  entry  under  this  act. 

Sec.  2.  That  an  act  entitled  "An  act  for  the  sale  of  tunl>er  lands  in 
the  States  of  California,  Oregon.  Xevaila.  and  Washhigton  Territory.'' 
approved  June  thkd,  eighteen  humh-ed  and  seventy-eight,  be,  and  the 


14  EEGULATIONS   UNDER   TIMBER  AND   STONE   LAW. 

same  is  hereby,  amended  by  striking  out  the  words  "States  of  Cali- 
fornia. Oregon,  Nevada,  and  Washington  Territory,"  where  the  same 
occur  in  the  second  and  thuxl  lines  of  said  act,  and  insert  in  lieu 
thereof  the  words  "])ubhc-land  States,"  the  purpose  of  this  act  bemg 
to  make  said  act  of  June  third,  eighteen  hundi'ed  and  seventy-eight, 
apphcable  to  all  the  pubHc-land  States. 

Sec.  3.  That  nothmg  m  this  act  shall  be  construed  to  repeal  section 
twenty-four  of  the  act  entitled  ''An  act  to  repeal  timber-culture  laws, 
and  for  other  purposes,"  approved  March  thhd,  eighteen  hundred 
and  ninety-one. 

Approved,  August  4,  1892.     (27  Stat.,  348.) 


AN  ACT  To  provide  for  the  location  and  satisfaction  of  outstanding  military  bounty 
land  warrants  and  certificates  of  location  under  section  three  of  the  act  approved. 
June  second,  eighteen  hundred  and  fifty-eight. 

Be  it  enacted  by  the  Senate  and  House  of  Mepresentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  addition  to  the 
benefits  now  given  thereto  b}'-  law,  all  unsatisfied  military  bounty 
land  warrants  under  any  act  of  Congress,  and  unsatisfied  indemnity 
certificates  of  location  under  the  act  of  Congress  approved  June 
second,  eighteen  hmidred  and  fifty-eight,  whether  heretofore  or 
hereafter  issued,  shall  be  receivable  at  the  rate  of  $1.25  per  acre  in 
payment  or  part  pa^aiient  for  any  lands  entered  under  the  desert -land 
law  of  ]\Iarch  tliird,  eighteen  hundred  and  eighty-  [seventy-]  seven, 
entitled  "An  act  to  provide  for  the  sale  of  desert  lands  in  certain 
States  and  Territories,"  and  the  amendments  thereto,  the  timber- 
culture  law  of  ^larch  third,  eighteen  hundred  and  seventy-tliree, 
entitled  "An  act  to  encourage  the  growth  of  timber  on  the  Western 
prairies,"  and  the  amendments  thereto;  the  timber  and  stone  law  of 
June  tliird,  eighteen  hundred  and  seventy-eight,  entitled  "An  act  for 
the  sale  of  timber  lands  in  the  States  of  California,  Oregon,  Ne- 
braska, and  Wasliington  Territory,"  and  the  amendments  thereto,  or 
for  lands  which  may  be  sold  at  public  auction,  except  such  lands  as 
shall  have  been,  purchased  from  any  Indian  tribe  within  ten  years  last 
past. 

Approved,  December  13,  1894.      (28  Stat.,  594.) 


AN  ACT  To  abolish  the  distinction  between  offered  and  unoffcred  lands,  and  for  other 

purposes. 

Be  it  enacted  hy  the  Senate,  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  in  cases  arising  from 
and  after  the  passage  of  this  act  the  distinction  noAv  obtaining  in  the 
statutes  between  offered  and  unoffered  lands  shall  no  h)nger  be  mado 
in  passing  upon  subsisting  preemption  claims,  in  disposing  of  the 
pubhc  lands  under  the  homestead  laws,  and  under  the  timber  and 
stone  law  of  June  third,  eighteen  hundred  and  seventy-eight,  as 
extended  by  the  act  of  August  fourth,  eighteen  hundred  and  nmety- 
two,  but  in  all  such  cases  hereafter  arising  the  land  in  (question  shall 
be  treated  as  unoffered,  without  regard  to  whether  it  may  have 
actually  been  at  some  time  offered  or  not. 

^tf  ^t*  %^  ^f  *^  *^  *^ 

Approved,  May  18,  1898.     (30  Stat.,  418.) 


REGULATIONS    UNDER   TIMliER  ANb    SXONfc    LAW.  16 

AN  ACT  To  aiiK'nd  tli«;  act  of  ( "onf^ress  of  March  eleventh,  uiuetccn  liuudrod  and  two, 

relating  to  homesteads. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  oftJie  United 
States  of  America  in  Congress  assembled,  That  an  act  entitled  "An 
act  to  amend  section  twenty-two  hundred  and  ninety-four  of  the 
Kevised  Statutes  of  the  United  States."  approved  March  eleventh, 
nineteen  hundred  and  two,  be,  and  the  same  is  hereby,  amended  to 
read  as  follows: 

"That  section  twenty-two  hundred  and  ninety-four  of  the  Revised 
Statutes  of  the  United  States  be,  and  the  same  is  hereby,  amended  so 
as  to  read  as  follows: 

"  'Sec.  2294.  That  hereafter  all  proofs,  affida\its,  and  oaths  of  any 
Idnd  whatsoever  requu'ed  to  be  made  by  applicants  and  entr}nnt'n 
under  the  homestead,  preemption,  limber-culture,  desert -land,  and 
tind)er  and  stone  acts,  may,  m  addition  to  those  now  authorized  to 
take  such  affidavits,  proofs,  and  oaths,  be  made  before  any  United 
States  commissioner  or  commissioner  of  the  court  exercising  Federal 
juiisdiction  in  the  Territory,  or  i)eforo  the  judge  or  clerk  of  any  court 
of  record  hi  the  comity,  parish,  or  land  district  in  which  the  lands  are 
situated:  Provided,  That  in  case  the  affidavits,  proofs,  and  oaths 
herembefore  mentioned  be  taken  out  of  the  county  in  which  the  land 
is  located  the  applicant  must  show  by  affiilavit,  satisfactory  to  the 
Commissioner  of  the  General  Land  Office,  that  it  was  taken  before 
the  nearest  or  most  accessible  officer  qualified  to  take  said  affidavits, 
proofs,  and  oaths  in  the  land  districts  hi  which  the  lands  appUed  for 
are  located;  but  sucli  showhig  by  affidavit  need  not  be  made  in 
making  ffiial  proof  if  the  proof  be  taken  in  the  to\\Ti  or  city  where  the 
newspaper  is  published  in  which  the  final  proof-notice  is  printed. 
The  proof,  affidavit,  and  oath,  when  so  made  and  duly  subscribed,  or 
which  may  have  heretofore  been  so  made  and  duly  subscribed,  shall 
have  the  same  force  and  effect  as  if  made  before  the  register  and 
receiver,  when  transmitted  to  them  %vith  the  fees  and  commissions 
allowed  and  required  by  law.  That  if  any  witness  making  such 
proof,  or  any  applicant  making  such  affidavit  or  oath,  shall  knoA\*ingly, 
willfully,  or  corruptly  swear  falsely  to  any  material  matter  contained 
in  said  proofs,  affichivits,  or  oaths  he  shall  be  deemed  guilty  of  perjury, 
and  shall  be  liable  to  the  same  pains  and  penalties  as  if  he  had  sworn 
falsely  before  the  register.  That  the  fees  for  entries  and  for  final 
proofs,  when  made  before  any  other  officer  than  the  register  and 
receiver,  shall  be  as  follows: 

"  'For  each  affithivit,  25  cents. 

"  'For  each  deposition  of  claimant  or  witness,  when  not  prepared  by 
the  officer,  25  cents. 

"  'For  each  deposition  of  claimant  or  witness,  prepared  by  the 
officer,  $1.  . 

"  'Any  officer  demanding  or  receivmg  a  greater  sum  for  such  serWce 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  for  each  offense  by  a  fine  not  exceeding  SIOO.'" 

Approved,  March  4,   1904.      (33  Stat.,  59.) 


16  REGULATIONS   UNDER    TIMBER  AND   STONE    LAW. 

AN  ACT  Making  approjtriatioiifi  for  sundry  civil  expenses  ol'  the  Government  for  the 
fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  ninety-one,  and  other 
purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled, 

'fi  *|5  Jj»  3J«  3j»  3j5  S|C 

No  person  wlio  shall,  aftor  the  passage  of  tliis  act,  ontor  upon  any 
of  the  public  lands  with  a  view  to  occupation,  entry,  or  settlement 
under  any  of  the  land  laws  shall  be  permitted  to  acquire  title  to 
more  than  three  hundred  and  twenty  acres  in  the  aggregate,  under 
all  of  said  laws,  but  this  limitation  shall  not  operate  to  curtail  the 
right  of  any  person  who  has  heretofore  made  entry  or  settlement  on 
the  pubhc  lands,  or  whose  occupation,  entry,  or  settlement  is  vali- 
dated by  this  act:  Provided,  That  in  all  patents  for  lands  hereafter 
taken  up  under  any  of  the  land  laws  of  the  United  States  or  on 
entries  or  claims  vaUdated  by  this  act,  west  of  the  one  hundredth 
meridian,  it  shall  be  expressed  that  there  is  reserved  from  the  lands 
in  said  patent  described  a  right  of  way  thereon  for  ditches  or  canals 
constructed  by  the  authority  of  the  United  States. 

Approved,  August  30,  1890.     (26  Stat.,  391.) 


AN  ACT  To  repeal  the  timber-culture  laws,  and  for  other  purposes. 

Be'  it  enacted  hy ,  the  Senxite  and   House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled, 

H=  *  Hs  sj;  ^  :(:  ^ 

Sec.  17.  That  reservoir  sites  located  or  selected  and  to  be  located 
and  selected  under  the  provisions  of  ''An  act  making  appropriations 
for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  eight3'-mne,  and  for 
other  purposes,"  and  amendments  thereto,  shall  be  restricted  to 
and  shall  contain  only  so  much  land  as  is  actually  necessary  for  the 
construction  and  maintenance  of  reservoirs,  excluding  so  far  as 
practicable  lands  occupied  by  actual  settlers  at  the  date  of  the 
location  of  said  reservoirs;  and  that  the  pro^^sions  of  "An  act  making 
appropriations  for  sundry  civil  expenses  of  the  Government  for  the 
fiscal  year  ending  June  tliirtieth,  eighteen  hundred  and  ninet3'-one, 
and  for  other  purposes,"  which  reads  as  follows,  viz:  "No  person 
who  shall  after  the  passage^  of  this  act  enter  upon  any  of  the  pidjlic 
lands  wdth  a  view  to  occupation,  entry,  or  settle-ment  under  any  of 
the  land  laws  shall  be  permitted  to  acquire  title  to  more  than  three 
hundred  and  twenty  acres  in  the  aggregate  under  all  said  laws," 
shall  be  construed  to  include  in  the  maximum  amount  of  lands  the 
title  to  which  is  permitted  to  be  acquired  by  one  person  only  agri- 
cultural lands,  and  not  include  lands  entered  or  sought  to  be  entered 
under  mineral-land  laws. 

Approved,  March  3,  1891.     (26  Stat.,  1095.) 


The  320-acre  limitation  provided  by  the  above  acts  of  August  30, 
1890  (26  Stat.,  391),  and  March  3,  1891  (26  Stat.,  1095),  applies  to 
timber  and  stone  entries.     (33  L.  D.,  539,  005.) 


REGULATIONS    UNDEK   TIMBER   AND   STONE    LAW.  17 

I  Form  A.] 

Application  and  Sworn  Statement. 

[To  BE  Made  in  Duplicate.] 

Act  June  3,  1878,  and  Acts  Amendatory. 

departmental  regulations  approved  november  30,  1908. 

United  States  Land  Office, 

.'19— . 


I, ,  hereby  make  application  to  purchase  the 

quarter  of  section ,  in  township and  range ,  in 

the  State  of  ,  and  the  timber  thereon,  a^  such  vahie  as  may 

be  fixed  by  appraisement,  made  under  the  authority  of  the  Secretary 
of  the  Interior,  under  the  act  of  June  3,  1878,  commonly  known  as 
the  "Timber  and  stone  law,"  and  acts  amendatory  thereof,  and  in 
support  of  tliis  appUcation  I  solemnly  swear:  That  I  am  a  native 
(or  naturaUzed)  citizen  of  the  United  States  (or  have  declared  my 

intention  to  become  a  citizen);  that  I  am  years  of  age,  and 

by  occupation ;  that  I  did  on ,  19 — ,  examine  said 

land,  and  from  my  personal  knowledge  state  that  said  land  is  unfit 
for  cultivation  and  is  valuable  chiefiy  for  its  timber,  and  that  to  my 
best  knowledge  and  belief,  based  upon  said  examination,  the  land 

is  worth  dollars,  and  the  timber  thereon,  which  I  estimate 

to  be  feet,  board  measure,  is  worth  ■ —  dollars,  making 

a  total  value  for  the  land  and  timber  of dollars  and  no  more; 

that  the  land  is  uninhabited;  that  it  contains  no  mining  or  other 
improvements,  nor,  as  I  verily  believe,  any  valuable  deposit  of 
gold,  silver,  cinnabar,  copper  or  coal,  or  other  minerals,  salt  springs 
or  deposits  of  salt;  that  I  have  made  no  othi>r  appUcation  under 
said  acts;  that  I  do  not  apply  to  purchase  the  land  above  described 
on  speculation,  but  in  good  faith  to  appropriate  it  to  my  own 
exclusive  use  and  benefit;  that  I  have  not,  directly  or  indirectly, 
made  any  agreement  or  contract,  in  any  way  or  maimer,  with  any 
person  or  persons  whomsoever,  by  which  the  title  I  may  acquire 
from  the  Government  of  the  United  States  may  inure  in  whole  or 
in  part  to  the  benefit  of  any  person  except  myseLf;  that  since  August 
30,  1890,  I  have  not  entered  and  acquii-ed  title  to,  nor  am  I  now- 
claiming,  under  an  entry  made  under  any  of  the  nonmineral  ])ubUc 
land  laws,  an  amount  of  land  which,  together  with  the  land  now 
appH(>d  for,  will  exceed  in  the  aggregate  320  acres;  that  I  am  not  a 
member  of  any  association,  or  a  stockholder  in  any  corporation 
which  has  filed  an  application  and  sworn  statement  under  said  act; 

and  that  my  post-oflice  adch-ess  is —,  at  which  place  any  notice 

affecting  my  rights  under  this  application  may  be  sent.     1  request 

tliat  notice  t)e  furnished  me  for  publication  in  the newspaper, 

published  at . 

(SiRii  here,  witli  full  Christian  name.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by 
affiant  in  my  presence  before  aifiant  afiixetl  signature  thereto;  that 


18  REGULATIONS   UNDER   TIMBER  AND   STONE   LAW. 

affiant  is  to  me  pei-sonally  kllo^^^l,  or  has  been  satisfactorily  identified 

before  me  by (give  full  name  and  post-office  address) ; 

that  I   verily  believe   affiant  to  be   a  qualified   applicant  and  the 
identical  person  hereinbefore  described,  and  that  said  affidavit  was 

duly  subscribed  and  sworn  to  before  me,   at  my  office  in  • 

(town), (county  and  State),  within  the  land 

district,  tliis  dav  of ,  19 — . 


(Official  designation  of  officer.) 

In  case  the  applicant  has  been  naturalized  or  has  declared  his  in- 
tention to  become  a  citizen,  a  certified  copy  of  his  certificate  of  nat- 
uralization or  declaration  of  intention,  as  the  case  may  be,  must  be 
furnished. 

If  the  residence  is  in  a  city,  the  street  and  number  must  be  given. 

The  newspaper  designated  must  be  one  of  general  circulation,  pub- 
lished nearest  the  land. 


[Form.  B.] 

Designation  of  Appraiser. 

DEPARTMENTAL    REGULATIONS     APPROVED     NOVEMBER    30,     1908. 


— ,  19- 


Sir:  You  are  designated  to  appraise  the quarter  of  section 

,  to"s\Tiship ,  and  range ,  which  em- 
braces a  total  of  acres.     This  land  has  been  applied  for  by 

,  of ,  ,  under  the  timber  and  stone  law. 

If  you  accept  this  designation,  it  will  be  your  duty  to  personally  visit 
and  carefully  exanune  each  and  every  legal  subdivision  of  the  land, 
and  the  timber  thereon,  and  to  make  a  return  through  this  office  of 
the  approximate  quantity,  quaHty,  and  the  stumpage  cash  value  of 
the  various  kinds  of  timber,  the  cash  value  of  the  land,  and  the  total 
value  of  the  land  and  timber.  The  total  appraisement  of  the  land 
and  timber,  however,  must  not  amount  to  less  than  two  dollars  and 
fifty  cents  per  acre  for  each  acre  appraised.  Each  legal  subdivision 
must  be  separately  appraised,  or  your  return  must  show  specifically 
that  the  appraisement  appUes  to  each  legal  subdivision. 

Please    inform    me    as    soon    as    possible,    and    not    later    than 

,  19 — ,  whether  you  will  be  able  to  do  the  work,  and  also 

advise  me  the  approximate  date  the  appraisal  will  be  completed. 
Very  respectfully. 

Chief  of  Field  Division,  General  Land  Office. 


REGULATIONS   UNDER   TIMBER  AND   STONE    LAW. 


19 


[Form   C.l 


Appraisal,  Timber  and  Stone  Lands. 
Act  of  March  3,  1878,  and  Acts  Amendatory. 

DEPARTMENTAL  REGULATIONS  APPROVED  NOVEMBER  30,  1908. 


Lot  or  quarter- 
quarter. 


Kind  of  I  Quality 
timber,    of  timber. 


Board 

feet 

per  tract. 


Stumpage 
value 
per  M. 


Character 
of  soil. 


Value  of  Total  value  [    Value  of 
land  ex-  |  of  land  and  j    laml  and 
elusive  of  limtjer  per    timl)Cr  per 
timber.  |       e-re.       i      tract. 


(wagon  haul,  flume,  rivt;r  driving, 


Logging: 

Timber  must  be  logged  by 

or  railroad). 

Distance  logs  ov  lumber  are  to  be  transported  to  market,  

miles.  Approximate  cost  per  M  for  transportation  of  logs  or  lumber 
to  market, dollars.  Accessible?  (yes  or  no).  Manu- 
facturing possible  on  the  ground?     (yes  or  no).     Will  there 

be  improvement  in  logging  facilities  in  the  vicinity?     (yes  or 

no).  WDJ  the  demand  for  timber  products  be  likely  to  increase  in 
the  neighborhood  in  the  near  future?     (yes  or  no).     Nearest 


available  c^uotations  on  stumpage  for  the  species  estimated 


-,  19—. 


STATEMENT    BY     APPRAISER. 


I  have  carefully   exammed   each  and   every  legal  subdivision  of 

the quarter  of  section ,  toAvnship ,  ran^e , 

and  the  timber  thereon,  and  the  estimates  includetl  in  the  above  table 
and  the  foregoing  statement  were  based  on  personal  examination.  I 
did  not  fbid  any  mdication  that  the  land  or  any  part  thereof  contains 
any  valuable  mineral  or  coal  deposits,  and  found  no  improvements  or 
other  evidence  that  ajiy  claim  is  being  asserted  under  any  of  the 
public-land  laws.  I  recommend  that  the  applicatiim  to  purchase 
receive  favorable  action. 


Appra  iser. 


ACTION     ON     APPRAISEMENT. 


I  have  carefully  examined  the  within  appraisement  and  find  no 
reason  to  believe  that  it  is  improperly  made. 
It  is  therefore,  accordingly,  approved. 

Chief  of  Field  Di vis-ion. 

Note. — The  approval  of  the  appraisal  by  the  chief  of  iiekl  division 
is  final,  and  no  action  is  required  thereon  by  the  register  and  receiver, 
except  to  note  the  appraised  price  on  then  r'^<xirds  and  to  issue  the 


20  REGULATIONS   UNDER   TIMBER  AND   STONE    LAW. 

necessary  notices.  Tlie  register-  and  receiver  will,  in  tlie  event  of  a 
disagreement  between  the  appraiser  and  the  chief  of  field  division,  and 
their  concurrence  with  the  appraiser,  sigji  the  folio wmg  certificate: 

United  States  Land  Office, 


We  have  carefully  considered  the  within  appraisement  and  the 
objections  thereto  urged  by  the  chief  of  field  division,  and,  believijig 
th-.it  the  appraisal  is  not  materially  high  or  low,  the  same  is  hereby 
approved. 

,  Register. 

,  Receiver. 

Note. — If  the  register  and  receiver  concur  in  the  adverse  objections 
of  the  chief  of  field  division,  they  will  proceed  iii  accordance  with 
paragraph  17  of  the  Kegulations  approved  November  30,  1908. 

SUGGESTIONS     TO     APPRAISER. 

The  appraiser  should  fill  in  each  blank  carefully  and  legibly.  Under 
the  head  of  kinds  of  timber  he  should  state  the  species,  such  as  '' yel- 
low pine,"  ''white  pine,"  ''Douglas  fir,"  ''spruce,"  etc.  If  there  are 
more  than  four  leading  species,  all  others  should  be  under  the  head 
of  "Miscellaneous,"  in  the  fifth  space.  The  quality  of  the  tunber 
should  be  judged  as  far  as  possible  at  local  sawmills,  and  should  be 
indicated  by  such  descriptive  words  as  "excellent,"  "good,"  "fair," 
and  "poor." 

In  the  first  column  to  the  left  the  description  of  the  land  should  be 
given. 


[Form  D.] 

Notice  to  Applicant  of  Appraisement. 

DEPARTMENTAL     REGULATIONS     APPROVED     NOVEMBER    30,     1908. 

United  States  Land  Office, 


Sir:  You   are  mformed   that  the  land,   and   the   timber  thereon, 

embraced    m  your  timber  and  stone  application  No.  ,  filed 

,   19 — ,  have  been  appraised  m  the  total  sum  of  

dollars. 

You  are  therefore  notified  that  your  applicatio]i  for  said  lands  wiU 
be  dismissed  without  further  notice,  if  you  do  not,  within  thirty 
days  from  service  of  this  notice,  deposit  the  ap])raisod  price  of  the 
land  with  the  receiver  of  this  office,  or  file  your  writt(>n  protest  against 
such  appraisement,  setting  forth  clearly  and  specifically  your  objec- 


REGULATIONS   UNDER   TIMBER  AND   STONE    LAW.  21 

tioii  thereto,  wlucli  protest  must  bo  sworn  to  1)V  you,  uiid  corroborated 
by  two  competent,  credible,  and  disuiterestecf  persons.  The  protest, 
if  filed,  must  be  accompanied  by  your  application  requesting  that 
the  land  be  rea|)praised  at  your  expense,  and  you  must  deposit  with 

the  r(H'.eiv(>r  the  sum  of dollars,  to  be  ex])ended  therefor,  and 

you  must  uidicatc  your  consent  that  the  amount  so  deposited  maybe 
expended  for  the  reappraisement,  without  any  claim  on  your  part  that 
a]iy  portion  thereof,  so  expejided,  shall  be  returned  or  refunded  to 
you. 

If  a  reappraisement  is  made  under  your  application,  ycu  will  secure 
no  rij^ht  or  privilejje,  except  that  of  purchasinf^  the  lands  at  their 
reap])raised  value,  if  they  are  subject  to  sale  and  you  are  properly 
qualified. 

Very  respectfully, 

,  Register. 

,  Receiver. 


[Forra  E.] 

Reappraisement. 

Form  C  may  be  modified  so  as  to  show  that  the  action  taken  is  a 
reappraisement  instead  of  an  original  appraisement.  The  return  of 
the  appraising  officer  and  indorsements  by  the  chief  of  field  divi.siou 
and  the  register  and  receiver  must  show  that  the  action  taken  is  a 
reai)])raisement,  and  it  must  l)e  approved  conjointly  by  the  chief  of 
field  division  and  the  register  and  receiver. 


[Form  F.] 

Notice  of  Reappraisement. 

DEPARTMENTAL   JtEGULATIONS    APPROVED    NOVEMBER   30,    1908. 

United  States  Land  Office, 


Sir:  You  are  advised  that,  pursuant  to  your  application,  the ; — 

quarter  of  section ,  towTiship ,  and  range ,  and  the  tim- 
ber thereon,  embraced  iu  your  timber  and  stone  sworn  statement, 

No.  — ,  have  been  rea]ipraised,  and  tlie  price  fixed  at  doUars, 

which  amount  you  must  deposit  with  the  receiver  of  this  office  within 
thirty  days  from  service  of  notice  hereof,  or  your  applicatioTi  will  l>e 
fmally  disallowed  witliout  further  notice. 
Very  respectfully. 

,  Regitter. 

,  Receiver. 


22  REGULATIONS   UKDER    TIMBER  AND   STONE    LAW. 

[Form   G.] 

Notice  of  Application  to  Purchase  Under  Timber  and  Stone  Laws. 

DEPARTMENTAL   REGULATIONS   APPROVED    NOVEMBER   HO,    1908. 

United  States  Land  Office, 

,  19—. 

Xotico  is  hereby  given  that ,  whose  post-office  address 

is ,  did  on  the day  of ,  19 — ,  file  in  tliis  office 

his  sworn  statement  and  application  Xo.  —  to  purchase  the 

quarter  of  section ,  toA^nisliip ,  range , M., 

and  the  timber  thereon,  under  the  provisions  of  the  act  of  June  3, 
1878,  and  acts  amendatory,  known  as  the  "Timber  and  stone  law," 
at  such  value  as  might  be  fixed  by  appraisement,  and  that,  pursuant 
to  such  application,  the  land  and  timber  thereon  have  been  appraised, 

the  timber  estimated board  feet,  at  $ per  M,  and  the 

land  S ,  or  combined  value  of  the  land  and  timber  at  $ ; 

that  said  applicant  ^^dll  offer  final  proof  in  support  of  his  application 

and  swoiTi  statement  on  the day  of ,  19—,  before ■ 

,  at .     Any  pei-son  is  at  fiberty  to  protest  this  purchase 

before  entry,  or  initiate  a  contest  at  any  time  before  patent  issues, 
by  filing  a  corroborated  affidavit  in  this  office,  alleging  facts  which 
would  defeat  the  entry. 

,  Register. 

Where  notice  is  issued  under  section  19,  the  register  will  mocUfy  the 
blank  so  as  to  show  the  valuation  placed  on  the  land  and  the  timber 
thereon  was  that  made  by  the  apphcant  when  he  filed  his  sworn  state- 
ment, instead  of  being  fixed  by  appraisement. 


[Form  H.] 

Timber  or  Stone  Entry. 

(4— 370a.) 
(Departmental  regulations  approved  by  the  Secretary  of  the  Interior,  November  30, 1908.) 

U.  S.  Land  Office, , ,  No. 


Receipt  No. 
FINAL  proof. 

I  hereby  solemnly  swear  that  I  am  the  identical 


who  presented  sworn  statement  and   appfication,   No.  ,  for 

,  section ,  township ,  range , 

meridian;  that  the  land  is  valuable  chiefly  for  its  timber,  and  is,  in 
its  present  condition,  unfit  for  cultivation;  that  it  is  unoccupied  and 
without  improvements  of  any  character,  except  for  ditch  or  canal 
purposes,  and  that  it  apparently  contains  no  valuable  deposits  of 
gold,  silver,  cinnabar,  copper,  coal,  salines,  or  salt  springs. 


1 

(Sign  here,  with  full  Christian  name.) 


(Post-office  address.) 


EEGULATIONS   UNDER   TIMBER  AND   STONE    LAW.  23 

I  hereby  certily  that  the  foregoing  affidavit  was  read  to  or  by 
affiant  in  my  presence  before  afliant  affixed  signature  thereto;  that 
affiant  is  to  me  pei-sonally  fcnowm,  or  has  been  satisfactorily  ittentified 
before  me  by ;  that  I  verily  believe  affiant  to  be  a  quali- 

(Givo  full  name  and  post-office  address.) 

fied  applicant  and  the  identical  person  hereinbefore  described,  and 
tliat  said  affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my 
office,  in , ,  witliin  the land  district,  tliis 

(Town.)       (County  and  State.) 

day  of ,  19 — . 


(Official  designation  of  officer.) 

Tliis  form  of  proof  can  be  accepted  only  where  the  land  embraced  in 
tfie  application  to  purcliase  has  }3een  appraised  or  reappraised  pur- 
suant to  the  provisions  of  the  Timber  and  Stone  Regulations  approved 
November  30,  1908,  by  the  Secretary  of  the  Interior. 

Proof  supporting  applications  to  purchase  under  section  19  of  the 
said  regulations  or  under  applications  pending  November  30,  190S, 
nuist  be  made  by  the  apphcant  and  two  v.itnesses,  as  required  by  the 
regulations  in  force  prior  to  December  1,  1908.  (See  Forms  4 — 370 
and  4—371.) 

O 


.^c 


A.HeR.. 


Armi 


^^36, 


